NCDRC

NCDRC

RP/2830/2018

M/S MAXWORTH REALTY INDIA LTD. - Complainant(s)

Versus

MURALIDHARA H.S. - Opp.Party(s)

MR. ASHWIN V. KOTEMATH

25 Nov 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2830 OF 2018
 
(Against the Order dated 11/06/2018 in Appeal No. 2321/2017 of the State Commission Karnataka)
1. M/S MAXWORTH REALTY INDIA LTD.
KMP HOUSE NO. 12/2, YAMUNA BAI RAOD MADHAVANAGAR REPTD. BY ITS CHAIRMAN & MANAGING DIRECTOR, KESAVA, K.
BANGALORE - 560001,
...........Petitioner(s)
Versus 
1. MURALIDHARA H.S.
S/O H.S SURYANARAYANA RAO R/AT NO. 199, 14TH B CROSS 9TH MAIN 6TH SECTOR HSR LAYOUT,
BANGALORE - 560102
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Ashwin V. Kotemath, Advocate
For the Respondent :
Mr. S.R. Sreeprasad, Advocate
Mrs. Farhat Jahan Rehmani, Advocate

Dated : 25 Nov 2019
ORDER

JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)

          After some arguments, the learned counsel for the petitioner states on instructions taken on phone, that the petitioner is ready to refund the principal amount received from the complainants alongwith compensation in the form of simple interest on that amount @ 10% per annum. 

2.      The District Forum had, vide its order dated 01.09.2016, directed refund of the principal amount alongwith 18% interest, compensation quantified at Rs.5,000/- and cost of litigation quantified at Rs.5,000/-.

3.      No evidence was led by the complainant before the District Forum to prove the actual loss suffered by them on account of the petitioner having not fulfilled its commitment.  The learned counsel for the petitioner submits that in fact, the petitioner wants to give possession of the allotted flats and it is only by way of a concession that it is agreeing to refund the principal amount alongwith 10% interest, in order to give a quietus to the litigation.  Considering all the facts and circumstances of the case, the Revision Petitions are disposed of in terms of the following directions:

          (i)      The petitioner shall refund the entire principal amount received from the complainants to them alongwith compensation in the form of simple interest @ 10% per annum from the date of each payment till the date of refund. 

          (ii)      The petitioner shall pay Rs.5,000/- as the cost of litigation in each case.

          (iii)     The payment in terms of this order shall be made within eight weeks from today.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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